tanzania intermodal and rail development project …€¦ · major goal is to provide reliable...

UNITED REPUBLIC OF TANZANIA

MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION

TANZANIA INTERMODAL AND RAIL DEVELOPMENT PROJECT (TIRP)

REHABILITATION OF RAILWAY LINE INCLUDING TRACK RENEWAL AND

BRIDGES BETWEEN DAR ES SALAAM AND ISAKA

ABBREVIATED RESETTLEMENT ACTION PLAN

PACKAGE B, KILOSA-ISAKA

FINAL REPORT

May 2018

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ........................................................................................................... 1

LIST OF ABBREVIATIONS AND ACRONYMS ...................................................................... 5

CHAPTER ONE ............................................................................................................................ 6

1.1 Introduction ........................................................................................................................... 6

1.2 Scope of the Abbreviated Resettlement Action Plan ............................................................ 6

1.3 Principles Governing ARAP ................................................................................................. 7

CHAPTER TWO ........................................................................................................................... 8

2.1 Study Methodology ............................................................................................................... 8

2.2 Number of Project Affected Persons .................................................................................... 8

2.3 Survey and Socio-economic Study of Project Affected Persons (PAPs) ............................. 9

2.4 Cut-off Date for Entitlements ............................................................................................... 9

2.5 Study Limitations .................................................................................................................. 9

2.6 Disclosure of the ARAP...................................................................................................... 10

CHAPTER THREE ..................................................................................................................... 11

3.1 Results of Socio-Economic Study along the Project Corridor ............................................ 11

3.2 Heads of Households .......................................................................................................... 11

3.3 Gender Distribution in Households .................................................................................... 11

3.4 PAPs Economic Activities .................................................................................................. 11

3.5 Level of Education among Household members ................................................................ 13

CHAPTER FOUR ........................................................................................................................ 14

4.1 Potential Impacts of the Project on Identified PAPs ........................................................... 14

4.2 Positive Anticipated Impacts .............................................................................................. 14

4.2.1 Employment opportunities .................................................................................................. 14

4.2.2 More efficient way of transporting farm produce ............................................................... 14

4.3 Negative Anticipated Impacts ............................................................................................. 14

4.3.1 Farmers ............................................................................................................................... 14

4.3.2 Traders ................................................................................................................................ 14

4.3.3 Nomadic Livestock Keepers ............................................................................................... 15

CHAPTER FIVE ......................................................................................................................... 15

5.1 Policy and Legal Framework .............................................................................................. 15

CHAPTER SIX ............................................................................................................................ 16

6.1 Impact Mitigation Measures and Implementation Arrangements ...................................... 16

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6.2 Farmers ............................................................................................................................... 16

6.3 Livestock Keepers ............................................................................................................... 16

6.4 Petty Traders ....................................................................................................................... 16

6.5 Communications Plan ......................................................................................................... 17

CHAPTER SEVEN ..................................................................................................................... 17

7.1 Institutional Responsibilities and Grievance Redress Mechanism ..................................... 17

7.2 Other Organizations and Agencies ..................................................................................... 18

7.2.1 Civil Works Contractor ....................................................................................................... 18

7.2.2 Local Government Authorities, District Level ................................................................... 18

7.3 Grievance Redress Mechanism ........................................................................................... 18

7.4 GRM Procedures ................................................................................................................. 18

7.5 GRM Committee ................................................................................................................. 19

CHAPTER EIGHT ...................................................................................................................... 20

8.1 Implementation Schedule .................................................................................................... 20

8.2 Costs and Budget ................................................................................................................ 22

CHAPTER NINE ......................................................................................................................... 23

9.1 Monitoring and Evaluation ................................................................................................. 23

9.2 Evaluation ........................................................................................................................... 23

ANNEXES ................................................................................................................................... 24

Annex A: Summary of issues raised during discussions with each PAP. ................................... 24

Annex B: Entitlement Matrix....................................................................................................... 25

Annex C: Photography and Size of Affected Farms. ................................................................... 26

Annex D: Summary Table of the Gaps between WB Policies and Tanzania Laws .................... 41

Annex E: Sample of Grievance Redress Mechanism form. ........................................................ 48

LIST OF TABLES

Table 1:Social baseline information of interviewed PAPs ........................................................ 12

Table 2:Implementation Schedule of ARAP .............................................................................. 20

Table 3:Tentative Budget For Mitigation Measures and GRM. .............................................. 22

LIST OF FIGURES

Figure 1:Area covered by the project ........................................................................................... 2

Figure 2:Map showing location of PAPs ....................................................................................... 8

1

EXECUTIVE SUMMARY

The Ministry of Works, Transport and Communication through TRC (RAHCO) intends to

rehabilitate Dar es Salaam - Isaka section of railway line. This initiative is financed by the World

Bank and will be implemented under Tanzania Intermodal and Rail Development Project, whose

major goal is to provide reliable transportation of goods and promote access to services. The project

has major four components as scribed below:

Component A: Improvement of Rail Infrastructure

This component involves rehabilitation of Railway Track and Structures (Bridges and Culverts)

Rehabilitation Works from Kilosa – Isaka and Supervision of Track and Bridge Works.

Component B: Rolling Stock

Component includes Supply of Three Locomotives, Refurbishment of Two Locomotives, Supply

of Fifteen Ballast Hopper Wagons, Forty-four Freight Flat Wagons, Tamping and Regulating

Machines, Track Recording Car and Train Control System.

Component C: Development of Isaka Terminal, Ilala Terminal and Dar es Salaam Port

Platform.

This Component comprises the development of Intermodal Container Terminals in the port of

Dar es Salaam, in Ilala and in Isaka to allow for more efficient modal transfers to and from the

railway.

Component D: Institutional Strengthening, Capacity Building, and Implementation Support

This Component comprises preparatory Design studies, Enhancement of Information Technology,

Setting up of the Project Implementation Team (PIT), and Capacity Strengthening of TRC (TRL).

The Project would also support the Strengthening of TRC (TRL) management, due diligence

process and five year Business Plan.

Other Capacity Strengthening Measures for TRC, SUMATRA and MoWTC

Funds are allocated for technical assistance for: (i) designing the right maintenance organization

and a pilot maintenance program within TRC (RAHCO) for maintenance activities;

(ii) implementing effective regulation for open access policy, which is key in ensuring economic

sustainability of the Project; (iii) technical assistance and training to TRC and SUMATRA staff;

(iv) communication strategy for project implementation; (v) support to the Ministerial Delivery

Team established for monitoring BRN and the Monitoring & Evaluation Team of the MoWTC for

undertaking the monitoring & evaluation of the Project.

2

This ARAP applies to component A on rehabilitation of railway track sections and weak bridges

which is 970 km from Dar es Salaam to Isaka Terminal. It is categorised into two packages where

package A coves Dar es Salaam to Kilosa (283km) and Package B which covers Kilosa to Isaka

(687km). This report is for Package B only which is Kilosa -Isaka section.1 Area covered by the

project is indicated in the figure 1.

Area covered by the project is indicated in Figure 1.

Figure 1:Area covered by the project

1 The ARAP for package A, Dar es Salaam to Kilosa, was prepared separately, cleared by the Bank and publicly

disclosed in-country and by the WB.

3

The construction corridor of this project is 7.5m left and right from the centre of the railway truck.

The total area of the corridor is 20.61sq.km. This area needs to be cleared before commencement

of railway rehabilitation. Due to this fact, people who are conducting human activities within 7.5m

both sides of the railway track have to be moved for the project to be implemented.

According to World Bank operation policy (OP 4.12) on involuntary resettlement for any person to

be moved from World Bank supported project area, compensation or assistance must be provided

subject to eligibility criteria of the individual. The OP 4.12 states that when less than 200 people

are impacted by Project activities, there is no physical resettlement and less than 10 percent of

PAPs’ productive assets are lost, an Abbreviated Resettlement Action Plan (ARAP) can be

produced.

Regarding World Bank requirements, this ARAP is developed specifically for 7.5m right of way to

ensure that, people who will be affected by the project are consulted in order to safeguard their

interests during and after project implementation. This report follows WB OP 4.12 and the

Resettlement Policy Framework (RPF) that was developed during the project preparation, for

formulating an (Abbreviated) Resettlement Action Plan and requirements for compensation and

assistance for the Project Affected Persons (PAPs).

Methodology employed in developing this ARAP includes:

Review of relevant background reports and documentation

PAPs identification field visit.

Observation.

Socio-economic survey of PAPs.

Following above methodology, PAPs were identified and categorized into three categories:

a. Farmers

b. Petty Traders

c. Nomadic Livestock keepers

During the site visits in February and April 2018, 17 farmers were identified and interviewed;

eleven (11) PAPs are railway workers, where main source of their income is through employment,

five (5) PAPs depends on agriculture as their main economic activity and all of the five have their

main farms located outside the project corridor. Only one PAP was found to be a business man. All

PAPs conduct their activities in the corridor on temporal bases and they are all aware that the land

does not belong to them and they are ready to move at any time. Petty traders were not identified

during the site visits but there was information from station masters that petty traders conduct their

activities on temporary bases especially when there are passenger trains coming through. Livestock

keepers were observed crossing the railway but it was difficult to meet them and most of these

livestock keepers are nomadic in nature. So, in this case petty traders and nomadic livestock keepers

have been addressed as a group and not as individuals.

All the farmers utilize very small portions of land along the railroad tracks (see Annex C for more

details) and after the commencement of the project they will lose access to them. They do not have

4

any legal rights to this land and therefore they will not be compensated for the land but some

assistant measures will be provided to them.

Measures which will be taken to all the PAPs will be provision of grace period to farmers to harvest

their crops before the civil works commence, preparing IDs for petty trades and assisting livestock

keepers in allocation of new areas for them to graze their cattle.

Impacts of the project on the identified PAPs are very minor, including limited access to the project

area for all identified PAPs.

Impact mitigation measure for the identified impact will be as follows;

Provision of a grace period giving enough time for the farmers to harvest their seasonal

crops - three months.

Creation of employment opportunities for the PAPs during project implementation.

Periodic campaign with affected communities to make them aware of the project and

precautions that they should take during the civil works and operation of the railways.

Security operations along project corridor.

Provision of access for petty traders to sell their products at different stations at specified

times.

National policies/legislation and the World Bank safeguard policies were considered in

implementation of this ARAP. TRC (RAHCO) is the main agency for implementation of this

ARAP in collaboration with other agencies such as Ministry of Works, Transport and

Communication and local government authorities.

PAPs are expected to harvest their crops by the end May - June 2018 and construction is

expected to start in June - July 2018. PAPs were notified about the project and its activities on

18 February 2018. Information was also shared with village leaders, station masters and gangers

so that they can transfer the information to the entire community.

All expenses associated with the ARAP and associated mitigation measures implementation

will be covered by TRC (RAHCO).

Monitoring and evaluation of ARAP implementation will be conducted by TRC (RAHCO).

5

LIST OF ABBREVIATIONS AND ACRONYMS

ARAP Abbreviated Resettlement Action Plan

BRN Big Results Now

DED District Executive officer

DTS Director of Technical Services

ESIA Environnemental and Social Impact Assessment

FPIC Free-Prior Informed Consent

GRC Grievance Redress Committee

GRM Grievance Redress Mechanism

ID Identity Cards

MoWTC Ministry of Works, Transport and Communication

OP Operational Policies

PAP Project Affected Persons

PIT Project Implementation Team

RoW Right of Way

RPF Resettlement Policy Framework

RAHCO Reli Assets Holding Company

SIA Social Impact Assessment

SUMATRA Surface and Marine Transport Regulatory Authority

TIRP Tanzania Intermodal and Rail Development Project

TRL Tanzania Railways Limited

TRC Tanzania Railways Cooperation

VEO Village Executive Officer

WB World Bank

WEO Ward Executive Officer

6

CHAPTER ONE

Introduction

The World Bank finances the Tanzania Intermodal and Rail Development Project (TIRP). This

project aims at rehabilitating the existing rail network along the Central Corridor between

Dar es Salaam Port and the proposed Dry Port at Isaka. According to the ESIA 2017 Report for

TIRP, the rehabilitation will focus on improving current rail infrastructure and rolling stock to meet

existing and emerging intermodal transport requirements. The project consists of two Packages

whereby Package A covers Dar es Salaam to Kilosa and Package B covers Kilosa to Isaka.

The purpose of the assignment is to develop a plan such that rail rehabilitation from Kilosa to Isaka

is undertaken in compliance with World Bank requirements, in particular, the WB operational

policy (OP 4.12) on involuntary resettlement.

According to this policy, Paragraph 25 states that when a Bank-supported project’s impact is manor

and leads to displacement of fewer than 200 people, an Abbreviated Resettlement Action Plan

(ARAP) must be formulated to take care of the interests of the project affect persons (PAPs). To

this effect, a Consultant was engaged to assist the Government/ TRC (RAHCO) in developing an

Abbreviated Resettlement Action Plan (ARAP) to ensure that people who will be affected by the

project are consulted in order to safeguard their interests during and after project rehabilitation

works. The Right of Way (RoW) for this project as agreed and detailed in the RPF is 7.5 m from

the centre on left and right side of the railway. This ARAP specifically covers the stretch of the

railway from Kilosa to Isaka (Package B), the total area of the corridor under Package B is 20.61

sq km.

This ARAP has been developed based on consultations with Project Affected People, TRC

(RAHCO), and other key stakeholders such as local government leaders and station masters in each

station along the project corridor. In this process three categories of PAPs were identified: farmers,

petty traders and nomadic livestock keepers.

However, it should be noted that with reference to the Resettlement Policy Framework (RPF) the

project corridor is only 7.5 metres left and right from the centre of the railway track and must be

cleared for the Contractor to start work. It should also be noted that all encroachers no matter what

human activity they are undertaking, have no legal claim to the land.

Scope of the Abbreviated Resettlement Action Plan

The scope and level of details in this ARAP include:

Range of potential risks and impacts to which the affected persons may be subjected.

Results of the socio-economic survey in the form of a clear social baseline and relevant cut-

off date(s).

A description of resettlement assistance and livelihood improvement options to be provided.

A description of the procedures for redress of grievances.

Institutional responsibilities for implementing, monitoring and evaluating ARAP.

7

A schedule, budget and sources of funds, which should be agreed upon with the executing

agency.

Principles Governing ARAP

In developing this ARAP, the following principles have been applied.

Transparency: ensure that affected people are consulted and give their demonstrable

acceptance to the ARAP.

Standards: Maintain the standards of the World Bank’s Operational Policy (OP4.12) on

Involuntary Resettlements.

Best Practices: Adherence to world’s best practices regarding consultation and disclosure

of information to the PAPs

Use of cost replacement cost for calculation of all compensation.

Compensation to all PAPs irrespective of possession of title to land.

Implementation of Grievance Redress Mechanism (GRM).

8

CHAPTER TWO

2.1 Study Methodology

Preparation of the ARAP commenced in February 2018. The methodology applied included:

Literature review of relevant documents

Observations

Socio-economic survey of Project Affected Persons

2.2 Number of Project Affected Persons

During the field visit along the project corridor from Kilosa to Isaka in February 2018 where

affected locations are indicated in Figure 2 below on social baseline information of each PAP,

Figure 2: Map showing location of PAPs

GPS were used to identify the coordinates of the location and magnitude of the cultivated land

within the project corridor. A tape measure was used to confirm the 7.5 metre distance (left and

right) from the centre of the rail track. Initially, during the first visit in February, 2018, the TRC

(RAHCO) safeguards specialist and consultant met with only 2 PAPs. Additional individual

discussions between each PAP and social safeguard specialist were conducted in April to ensure

broader engagement of PAPs and made total number of PAPs identified and consulted to be 17.

Most of the discussion was on social and economic information of PAPs and the results are

indicated in Table 1. As these were individual discussions, the summary of issues raised are

included in Annex A in addition to the information about the PAPs reflected in Table 1. All farmers

identified utilized a minimal portion of the project corridor, and crops which are cultivated in these

areas are for subsistence use and not for commercial purposes. The PAPs do not depend on these

plots for their livelihood and the yields were less than one sack of maize or rice, as such, the loss of

9

these land plots will not cause any significant economic impact to the farmers. Ten PAPs have other

bigger farms outside of the project area.

During the site visits it was difficult to identify the exact number of petty traders and livestock

keepers due to the transient nature of their activities. During the field visit traders were not identified

at all but village leaders and station masters gave information that there are petty traders who come

along the project corridor to sell their goods especially when passenger trains pass. The exact

number of petty traders is hard to determine, as their numbers fluctuate based on the seasonality of

various crops for sale, time of the day, schedule of the trains and other factors.

Livestock keepers were observed crossing at different points in the corridor and it was not easy to

meet and have discussion with them as they are always in transit. Different groups of herders come

and go and cross the railroad in various stretches of the railroad. A lot of the herders do not come

from the settlements along the railroad. Identifying every herder poses significant challenge and

may not be representative. Given the above identification challenges of traders and herders, the

petty traders and livestock keepers are treated as a group, rather than as individually impacted

persons, and the mitigation measures are designed accordingly. Communication was made to station

masters and village leaders about what they are supposed to do to inform the traders about the

upcoming civil works and potential impact on the traders and herders. There will also be a

communication campaign in July 2018 which will be conducted by project implementation team

and cover the whole corridor from Kilosa to Isaka. The communication campaign aims to reach all

PAPs as well as the entire communities in the vicinities of the railroad line.

2.3 Survey and Socio-economic Study of Project Affected Persons (PAPs)

The purpose of the Survey and Socio-Economic Study was to describe baseline conditions of PAPs.

It was conducted only with farmers who were identified as being affected by the project.

During interviews, a questionnaire was used to establish the census and carry out a socio-economic

survey. The Census and Socio-Economic Survey were conducted in February 2018 and additionally

in April 2018 for broader engagement of PAPs.

2.4 Cut-off Date for Entitlements

Cut-off dates determine eligibility of persons. They represent the actual date that human economic

activities were recorded during the census survey. For this project, the cut-off date was 18 February

2018 when interviews with affected farmers for Package B were first held. This will be the eligible

deadline to qualify for assistance for this particular phase of the project. Any person who encroaches

in this area after this date will not be entitled to any assistance.

2.5 Study Limitations

This assignment faces some limitations like difficulties in identifying exact numbers and consulting

PAPs such as petty traders and livestock keepers. This is due to transient nature of their activities.

It was also difficult to conduct public consultation meetings with PAPs as they are very scattered,

instead, individual meetings with each farmer were held (see annex A for the summary of the

discussions). Individual consultations were conducted to make sure that all identified PAPs

10

(farmers) were engaged. Additionally, village leaders were consulted and requested to

communicate the message about the project and its impact with their communities. Also, there will

be public consultation, as part of the overall project communication campaign, with all PAPs and

other members of the community during communication campaign which will be held in July 2018.

The main objective of this campaign is to inform communities about the project safety during civil

works and train operations. The communication campaign will also discuss mitigation measures of

the ARAP. Also, the campaign will emphasis on the precautions which the community have to take

so as to be safe during and after constructions.

2.6 Disclosure of the ARAP

This ARAP will be approved by the Government of Tanzania and cleared/endorsed by the World

Bank and disclosed locally to PAPs and stakeholders in a manner and language appropriate to the

area. It will also be disclosed on the World Bank website.

It will be available to the districts, wards and villages located in the project area so that people

comment or seek clarification before implementation takes place.

Members of the public shall be given the opportunity to respond to the ARAP, in writing or verbally

to the relevant District Executive Directors or Ward Executive Officers who will then pass

responses on to TRC (RAHCO).

11

CHAPTER THREE

3.1 Results of Socio-Economic Study along the Project Corridor

The following information was elicited during the socio-economic survey census carried out with

17 interviewed farmers along the corridor for Package B, between Kilosa and Isaka in February

and April 2018 during the ARAP preparations.

3.2 Heads of Households

All 17 household heads interviewed, were male. A typical Tanzanian family is headed by a man,

who often dominates the decision-making and production processes.

3.3 Gender Distribution in Households

The households of 17 PAPs interviewed consist of 55 household members: 30 females and 20

males.

In all households, women engage in agricultural activities more than men. Women seem to have

less voice in their families as they do not make decision even on the farming produce which they

cultivate. Only men can decide what to be done with the farming produce and everything in their

families.

3.4 PAPs Economic Activities

Out of 17 interviewed PAPs only 5 depend on agriculture as their main economic activities while

the remaining 12 are railway workers. PAPs have their main farms outside the project corridor

which will not be touched by the project only portion of land which is in the project corridor will

be affected which is very small portion of land comparing to sizes of farms they own. They own

average of two acres farms outside the corridor. Sizes of affected part of farms is indicated in the

table 1 on social baseline information of PAPs. They are all aware that the land belongs to TRC

(RAHCO) and they are ready to stop cultivating their crops in the corridor. This was revealed during

dialogue with each PAP (see summary of the discussions included in Annex A). They added that

what they harvest from that portion of land in the corridor is very small and is just for consumption

and the source of their income comes from other farms and employment.

All categories of PAPs will be considered by the project, for farmers will be given time to harvest

their seasonal crops and they will be restricted from conducting cultivation activities in the project

corridor after that. These farmers will be encouraged to engage themselves in business

opportunities which will be available in the corridor. During the meetings with the PAPs, farmers

were told about employment opportunities which will be available in the corridor and more details

about these were given during communication campaign in May 2, 2018. As one of the mitigation

measures there will be process of identifying all those who are interested to sell produce in the

corridor and they will be given a special identity card which will give them access to the corridor

to do business in a controlled manner. Also, farmers were advised to take part in different

employment opportunities which will be available during construction for those who are not

employed.

Entitlement Matrix for PAPs is attached in Annex B.

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Table 1:Social baseline information of interviewed PAPs

ID

Gender

Main

Occupation

Size of

Other Farm

Owned by

the PAP

Marital

Status

Size of

Affected

Farm/

Amount of

Land Lost

(m)

Location

Legal Status

of Land

Lost/Affected

Type of

Crop

Grown

M1 Male Agriculture One Acre Married 41x 2m Kilosa Owned by

TRC

(RAHCO)

Maize

M2 Male Agriculture Two Acres Married 47 x 1.4m Kilosa Owned by

TRC

(RAHCO)

Maize

M3 Male Agriculture Four Acres Married 28x1.4m Kidete -

Godegode

Owned by

TRC

(RAHCO)

Maize

M4 Male Agriculture Four Acres Married 19x1.4m Kidete-

Godegode

Owned by TRC

(RAHCO)

Maize

M5 Male Business man NIL Married 44x1.4m Bahi-

kitinku

Owned by

TRC

(RAHCO)

Rice

M6 Male Railway

worker

NIL Single 360x1.7m Kitinku-

Makutupor

a

Owned by

TRC

(RAHCO)

Rice

M7 Male Railway

worker

Four Acres Married 642x1.7m Kitinku –

Makutupor

a

Owned by

TRC

(RAHCO)

Rice

M8 Male Agriculture Five Acres Married

46 x 2.4m

Uyui

Owned by

TRC

(RAHCO)

Rice 109 x 3.8m

M9 Male Railway

Employee

Two Acres Married 170x2.1m Nzubuka Owned by

TRC

(RAHCO)

Rice

M10 Male Railway

Employee NIL Married

140 x 2.2m

Ipala Owed by TRC

(RAHCO) Rice

1379 x 1.1m

M11 Male Railway

Employee

Two Acres Married 251x2.3m Ipala Owned by

TRC

(RAHCO)

Rice

M12 Male Railway

Employee

NIL Married 158x3.2m Bukene Owned by

Rahco

Rice

M13 Male Railway

Employee

NIL Married 70.4x3.6m Bukene Owned by

TRC

(RAHCO)

Rice

M14 Male Railway

Employee

Three Acres Married 105x2.7m Mahene Owed by TRC

(RAHCO)

Rice

M15 Male Railway

Employee

NIL Married 95x2.7m Mahene Owned by

TRC

(RAHCO)

Rice

M16 Male Railway

Employee

NIL Married 170x2.3m Mahene 0wned by TRC

(RAHCO)

Rice

13

ID

Gender

Main

Occupation

Size of

Other Farm

Owned by

the PAP

Marital

Status

Size of

Affected

Farm/

Amount of

Land Lost

(m)

Location

Legal Status

of Land

Lost/Affected

Type of

Crop

Grown

M17 Male Railway

Employee

Two Acres Married 100x2.3m Ipala Owned by

TRC

(RAHCO)

Rice

3.5 Level of Education among Household members

Household members who were either primary school leavers or still attending primary school

account for 63.6% of all the household members, equivalent to 35 people. Secondary school

leavers and those still in secondary school is 27.4% equals to 15 in number, college level is

5.4% equivalent to 3 people and 3.6% equivalent to 2 people not attended school at all. The

figures reflect mixed of skilled and unskilled labour force, the unskilled labour force supersede

the skilled one, hence, it has implication on employment consideration during project

construction. This means that, in general, majority of PAPs will only be eligible for unskilled

jobs within the project during its implementation.

14

CHAPTER FOUR

4.1 Potential Impacts of the Project on Identified PAPs

Taking into consideration that this Report covers only Package B, of the Dar es Salaam - Isaka

railway line, the following positive and negative impacts were captured. Some of these potential

impacts are direct while others are indirect. This chapter summarises the anticipated railway line

construction on human activities inside the 7.5 meter demarcation.

4.2 Positive Anticipated Impacts

A number of positive impacts are anticipated from the project to the PAPs as well as the entire

community along the corridor. Some of these impacts are on employment opportunities and

efficient ways of transporting farm produce.

4.2.1 Employment opportunities

During project implementation, PAPs can benefit from employment opportunities which

will be available during construction. By taking part in construction activities, members of the

community can secure means to cover their economic needs.

4.2.2 More efficient way of transporting farm produce

Residents may expect a faster and more reliable means of transporting their farm products to other

parts of the country. This will facilitate agribusiness and hence more profit to the farmers.

However, it is not certain that the Railway will decide to engage in such transport.

4.3 Negative Anticipated Impacts

Project activities will not have any significant negative impact on the livelihoods of PAPs. To all

three group of PAPs identified, the impacts can be as follows;

4.3.1 Farmers

All the farmers identified will lose access to the railway that they were using for cultivation of

crops for subsistence (which was anyway an unsafe practice).

4.3.2 Traders

Traders will partially lose access to the railway for business, during the construction and later during

operation. Trade will be carried out in an organized manner to ensure safety of people and train

operation, both during the construction and operation. Trading will be allowed with permission

given from the station masters at set location at the train stations and time frame to coincide with

train stops. Process of identifying traders, who are interested in receiving permits, will start soon

after clearance and disclosure of this ARAP so that petty traders will not take long time to be

accommodated in the corridor. Most of these traders are located at Saranda and Tabora stations. At

the moment there are no trades in other stations but community members will be given chance to

conduct business even in other stations. This impact is very trivial compared to improvements in

their safety proposed under the project. Ability to trade at the stations, rather than along the railway

15

tracks, will keep traders away from dangers of moving trains. After the renovations the trains are

expected to move faster and more regularly than previously. The current train moves at a speed of

35KPH while after rehabilitation it is expected to be 70KPH. This safety enhancement is to ensure

safety of people and train operations. There will be no monetary compensation for the temporary

loss of income during the works, for several reasons. Firstly, it is challenging to identify the traders

due to their transient nature and activities. Secondly, TRC (RAHCO) will expedite the process

certifying all traders to minimize any potential impact. Thirdly, the benefit of safety to traders and

organized business is significant to both the people and the train operations.

4.3.3 Nomadic Livestock Keepers

There will be no loss to nomadic livestock keepers as they do not settle in one place for grazing.

Some access to land which they periodically use to pasture their cattle will be restricted. This on

the other hand works for their good as it will protect them and their cattle from many accidents in

which they are involved from time to time when they graze along the corridor or cross the railway

without any precaution.

Photograph and description of affected farms is attached in Annex C.

CHAPTER FIVE

5.1 Policy and Legal Framework

The Constitution of Tanzania defines the legal context for all aspects of human development for

Tanzanians. Overall, the law ensures that project activities comply with policy requirements.

Relevant policies and laws were reviewed to provide guidance for preparation of this ARAP.

WB OP 4.12 (among others) was used as a base to govern this ARAP.

Reference can be made to the Resettlement Policy Framework (RPF) document of the project for a

detailed analysis of legal framework. This document is available on RAHCO’s website and no

changes have been made to this document. Therefore, all the policies and laws detailed in it remain

relevant to the project and it is also used as a point of reference for implementation of this ARAP.

Analysis of the gap between national laws and World Bank policies is described in the Resettlement

Policy Framework (RPF); a summary table of the gaps is attached in Annex D.

It should be noted that in case of divergence between national laws and World Bank Policy, the

World Bank’s Operational Policy OP/BP 4.12 will apply.

The ARAP will not provide any assistance to PAPs on the land they lose since they do not own land

and they do not have any claims to it. The ARAP allows them to harvest their crops that they

cultivated during the current farming season.

16

CHAPTER SIX

6.1 Impact Mitigation Measures and Implementation Arrangements

Given that identified farmers do not have legal rights for the land and the size of land is very small,

according to the national law and World Bank Policy OP 4.12, they will not be compensated for the

land. They will be allowed to harvest their seasonal crops and be given information about the date

for starting construction so that they do not plant further crops.

Other measures proposed include the following:

6.2 Farmers

All farmers identified during the visit in February will be given time to harvest their crops;

this is a three months period which started from 18 February 2018 and will end in June 2018.

TRC (RAHCO) will provide public notices advising that farming along the corridor must

cease; these notices will be posted at every affected station and village.

A communications campaign will be conducted initially and then periodically.

Farmers will be encouraged to seek employment opportunities which may be available

during construction.

Security operations will be conducted periodically to ensure that the right of way is kept

clear at all times even after completion of the project. This will be done by the safety and

security department.

6.3 Livestock Keepers

The ROW under this project is very narrow (7.5m on both sides from the centre of the

railroad line), livestock keepers will not be allowed to graze within the ROW for their own

safety, safety of the livestock and safety of the train operation.

Public notices/posters will be displayed in every village; these notices will be promoting the

health and safety of people who are grazing animals along the corridor.

Public announcements will be made from motor trolleys along the corridor every month

where everyone will be able to receive announcements about the project and what

precautions should be taken by community members especially farmers who are nomads.


clear at all times even after completion of the project. This will be done by the safety and

security department.

6.4 Petty Traders

Petty traders will be assisted by being given access to sell their products at each station.

During communication campaign that has started in May 2018 all traders will be notified

on the measures given to them and they will be allowed to register their names so as to be

given IDs to conduct business in the corridor. Additionally, all village leaders of

communities along the rail line have been informed about the project and mitigation

measures. After clearance and disclosure of this ARAP the process of identifying traders,

who are interested in receiving an ID and the right to trade at the stations will follow. Train

schedules will be given to them so that they know specific times to sell their products.

17

Station masters will coordinate this by giving IDs to all identified and registered traders so

as to have controlled movement.

Employment opportunities will be provided for traders along the corridor; they will be

encouraged to apply for work in construction activities as a means of catering for their

economic need provided they have necessary skills.

A communications campaign through posters, public meetings and TV and Radio programs

will be conducted initially and then periodically to ensure health and safety is maintained

during rehabilitation and operation of the railroad. This campaign will cover all villages and

stations along the corridor


clear at all times even after completion of the project. This will be done by TRC (RAHCO)’s

safety and security department.

6.5 Communications Plan

There will be a Communications Campaign which will be launched in advance of start of

construction work. A TRC (RAHCO) Communications Team will visit every affected line side

community between Kilosa and Isaka, and will describe what’s being done, why, how and when.

Later prior to start of enhanced railway operations, this team will again visit every affected line side

community between Kilosa and Isaka and will describe the new dangers to human and animal life

and how everyone and everything can stay safe. Posters and media advertisements will support

these missions.

At all stages there will be opportunities for dialogue between Communities and the Railway.

Questions will be answered in real time and by correspondence. A hotline in TRC (RAHCO) is

already in operation (toll-free: 0800-110042).

CHAPTER SEVEN

7.1 Institutional Responsibilities and Grievance Redress Mechanism

TRC (RAHCO) is the lead institution in implementing this ARAP. Its responsibilities include:

Overseeing the implementation of impact mitigation measures.

Monitoring and evaluation of implementation of ARAP.

Reporting on ARAP activities and indicators to the World Bank.

Ensuring that the mitigation measures efficiently delivered.

Ensuring that the grievance redress mechanism is efficient.

Clearly demarcating the RoWs of the rail assets.

18

7.2 Other Organizations and Agencies

7.2.1 Civil Works Contractor

The Civil Works Contractor will be responsible for mitigating effects resulting from construction

activities. Construction activities will be monitored closely by TRC (RAHCO) and the Supervision

Consultant to ensure compliance of the temporary mitigating measures.

7.2.2 Local Government Authorities, District Level

Each District Executive Director (DED) is to be consulted as the main party responsible for

overseeing the implementation of the ARAP. The District Community Development Departments

will then collaborate with the Social Development Officer of TRC (RAHCO) in the planning and

implementation of this ARAP.

Ward Level: DED will communicate to the respective Ward Executive Officers (WEO) to provide

the necessary support for the success of ARAP implementation in:

Organising meetings

Communicating with grass root village leaders

Participating in grievance redress whenever it arises

Participating in community engagement meetings

Village Level: Village chairpersons in rural settings and street leaders in urban settings will be

responsible for the application of ARAP through the Village Councils. Their responsibilities

include:

Mobilization and sensitization of PAPs

Providing communication channels for grievances between PAPs and higher authorities

Participating in the monitoring and evaluation of ARAP

Facilitating in the consultation of PAPs

Ensuring that the grievance mechanism is efficient.

7.3 Grievance Redress Mechanism

The proposed ARAP includes a mechanism to ensure that entitlements are effectively transferred to the PAPs and there is proper disclosure of information and consultations with the affected community. However TRC (RAHCO) has an established Grievance Mechanism Committee which responds to people’s queries and addresses all matters pertaining to the project.

7.4 GRM Procedures

The project has established the following channels through which community members and PAPs

can make complaints regarding project activities.

19

a. A dedicated mobile phone line which every PAP is allowed to call and send text

massage. (RAHCO/TRC is on the process of registering the number once is done it will be

announced to the members of community through communication campaigns.)

b. Suggestion boxes located at each station along the corridor PAPS and other members of

community will be informed to put their complaints and suggestions in these boxes

c. Verbal or written complaints to project staff (directly or through project meetings). (If

project stakeholders provide verbal feedback/complaint, project staff will lodge the

complaint on their behalf, and it will be processed through the same channels.

d. Project Grievance Committees

e. Grievance Redress Mechanism Form, PAPs will be informed on how to fill grievance

forms and these forms will be available to every station and villages along the corridor.

Confidentiality and conflict of interest

Complaints will be made anonymously and confidentiality will be ensured in all instances,

including when the person making the complaint is known. For this reason, multiple channels to

make a complaint have been established and conflicts of interested will be avoided.

7.5 GRM Committee

The committee comprises a Project Coordinator, Social Development Officer, Project Engineer, Ward Executive Officer, Station Masters, Gangers and Village Leader from each local village along the ROW.

The same committee is suitable to respond to all grievances which arise from PAPs identified in this ARAP. There will be additional members of committee; these are representative of PAPs from every ward where there are identified PAPs. These PAPs will be in the committee only to respond to issues related to the implementation of this ARAP.

Grievances which are acceptable by this committee are disturbances resulted from project activities

and those which are related to mitigation measures stipulated in this ARAP including destruction

on PAPs crops before harvesting time and when traders are not given access to sell their products

to the project corridor as agreed in this ARAP.

20

CHAPTER EIGHT

8.1 Implementation Schedule

The rehabilitation of the railway line is expected to start at the end of May 2018. Before mobilizing the contractor to site, all human activities being

carried out within 7.5 meters from the center line have to cease and the site cleared. Therefore, some of the ARAP implementation activities must be

implemented as soon as possible. In this regard, an implementation schedule of these activities which synchronize with project implementation has

been prepared:

Table 2:Implementation Schedule of ARAP

S/N

o.

Task

Feb

201

8

Marc

h

2018

Ap

ril

2018

May

2018

Ju

ne

20

18

Ju

ly

2

018

Au

gu

st

2018

Sep

tem

ber

2018

Oct

ob

er

2018

Novem

ber

2018

Dec

emb

er

2018

Jan

uary

201

9

Responsible Agency

1 Completion of draft ARAP

X Consultant

2 Approval of Draft ARAP

X TRC (RAHCO) /

World Bank

3

Training of TRC

(RAHCO) staff and others

in ARAP implementation

X TRC (RAHCO)

4

Communication campaign

to the community

X X

Social Development

Officer/Public

relations

Officer/Project

Engineer

21

S/N

o.

Task

Feb

2018

Marc

h

2018

Ap

ril

2018

May 2018

Ju

ne

208

Ju

ly

2018

Au

gu

st

2018

Sep

tem

ber

2018

Oct

ob

er

2018

Novem

ber

2018

Dec

em

ber

2018

Jan

uary

2019

Responsible Agency

5

Implementation of the

ARAP/ farmers to harvest

their crops

X Project coordination

team

6

Implementation of the

ARAP/ Assistance to petty

traders and herders

X Project coordination

team

7

Performance monitoring

X X Project Coordination

Team

8

External evaluation

(bi-annual for three years

X X Independent Evaluator

22

8.2 Costs and Budget

Since the scale of impact of the project is very small and no monetary compensation will be

provided to the PAPs, no item is to be indicated in the budget. Time of specialists to supervise

and monitor the implementation of ARAP, mitigation measures for all PAPs including petty

traders and nomads will be covered internally by TRC (RAHCO). The budget to operate the

GRM is also built in into the project budget, since the GRM is a comprehensive project-wide

mechanism. The exact number of petty traders is hard to identify thus the budget will be

adjusted on rolling bases reflect on the number of applicants for IDs. Below is a tentative

budget for the proposed mitigation measures and operating of the GRM.

Table 3:Tentative Budget For Mitigation Measures and GRM.

SN DESCRIPTION UNITY RATE QUANTITY AMOUNT

1 Identity cards for petty

trades

Stations $ 1.36 522 $ 70.91

2 Radio programs Quarterly $ 1,136.36 8 $ 9,090.91

3 TV programs Annually $ 2,727.27 2 $ 5,454.55

4 Stakeholders

Engagement

Allowances3

Lumpsum $ 11,363.64 1 $ 11,363.64

5 Security operations Quarterly $ 1,363.64 8 $ 10,909.09

6 Documentaries Annually $ 9,090.91 2 $ 18,181.82

7 Suggestion boxes for

Grievances Redress

Mechanism

stations $ 22.73 524 $ 1,181.82

8 Mobile phone for

Grievance Redress

Mechanism

Piece $ 136.36 1 $ 36.36

9 Facilitation for

Grievance Mechanism

committee meetings

Monthly $ 90.91 24 $ 2,181.82

10 Air Time for

communication

especially on

Grievance Redress

Mechanism

Monthly $ 22.73 245 $ 545.45

Total $ 59,116.36

2 This is an indicative number. The actual number of ID cards issued to the petty traders will depend on the

demand. 3 This means allowances for government leaders who works with the project team during field visits. 4 Total number of stations is 52, suggestion boxes will be fixed one in each station. 5 Air time will be provided monthly,24 means total number of months in 2 years.

23

CHAPTER NINE

9.1 Monitoring and Evaluation

Internal and external monitoring are proposed for the project as put forth in the RPF prepared

for this project. Internal monitoring of ARAP implementation will be the responsibility of the

Social Development Officer who will be responsible for monitoring and evaluation of ARAP

activities, as well as performance of the GRM. The officer will prepare simple formats for

monitoring social plans. These formats will be duly filled every month by railway station staff

and sent to the Social Development Officer. Regular reports on implementation of the ARAP

and performance of the GRM will be submitted to the WB. Once the ARAP is implemented in

full, a Resettlement Implementation Report will be prepared by TRC (RAHCO) and submitted

to the World Bank.

For mid-term and post-activity, external monitoring and evaluation will be done by a

consultant or outsourced to a qualified practitioner as per the project design outlined in the

Project Appraisal Document.

Since the scale of impact of the project activities on resettlement is small and the PAPs do not

meet the criteria for compensations, there is no monetary compensation. Monitoring will be

done by ensuring that identified farmers are able to harvest their crops and properly informed

not to cultivate again. There are no vulnerable groups and no additional assistance and

monitoring of provision of such assistance is needed under this ARAP. The Grievance Redress

Mechanism will continue working throughout the project implementation.

Employment process by the contractor will also be monitored to make sure that all eligible

PAPs are considered for employment opportunities.

There will be monitoring on how petty traders and nomads are handled during and after

construction. This will be in terms of access given to them to conduct their activities and their

right to be given information and give their feedback. Also, the safety of the areas allocated for

them to conduct their activities will be monitored.

9.2 Evaluation

There will be a mid-term and a post-activity evaluation of the implementation of the ARAP.

On both occasions, a comprehensive socio-economic survey of the PAPs will be conducted.

The results of these surveys will be compared to baseline information obtained from the census

survey to gauge the effectiveness of the rehabilitation process over time. Prior to the beginning

of the civil works, the review will verify among things:

• Clearance of the ROW

• Quality of interaction between TRC (RAHCO) and PAPs.

• Effectiveness of the mitigation measures, include the communication campaign

• Effectiveness of the GRM

24

ANNEXES

Annex A; Summary of issues raise during discussions with Each PAP.

Field visit to identify PAPs were conducted in February and April 2018.First visit which was

on 19-25 February, Social Specialist together with the consultant identified Farms within the

corridor but they were able to meet only two PAPs. The second visit were conducted on 3-11

April 2018 where social specialist met 15 PAPs individually and make total of 17 PAPs.

Issues raised during individual discussions with each PAP were as follows;

Social baseline information: In the discussion PAPs explained about their

marital status, family composition and their education status. Information about

social baseline information can be referred in table 1.

Economic activities of PAPs: Issues like occupation of PAPs and main

economic activities were discussed, PAPs admitted to have other farms outside

the project corridor and others are employed in TRC.

PAPS Expectations towards the project: PAPs expects to boost their

economic status through transportation of their farm products after

rehabilitation of railways. During the discussion PAPs revealed that they are

ready to contribute their efforts towards success of the project. They are also

ready to stop human activities within the project corridor so as to allow

contractor to perform works in a conducive manner.

Land ownership: Issues about ownership of the portion of land by which they

are cultivating were discussed and all PAPs confessed that they are using

Railway land for cultivation because the land was available at their disposal but

they understand that the land does not belong to them. They asked

TRC/RAHCO to give them grace period to harvest their crops which were in

the field and promised to stop cultivation in the corridor.

Bushes around the corridor: In the project corridor especially areas where

there is no any human activities, there are bushes where criminals uses as their

hides. PAPs revealed some of those areas and they asked TRC/RAHCO to make

sure that those bushes are cleared for the safety of the communities and railways

properties.

Demarcation of TRC/RAHCO land: PAPS asked TRC to put bacons on their

territory to avoid future encroachments. They said that in the right of way there

are areas where there is no clear demarcation of TRC (RAHCO) land and

community land.

25

Annex B: Entitlement Matrix

Persons Affected by

the Project

Type of Impact Entitlement

Farmers Loss of access to

Railway land for

cultivation

Farmers will be given grace

period to harvest their crops

which are currently in the

corridor.

They will be given priority to take

part in construction activities for

those who will be interested and

eligible.

Most farmers who are also doing

business as their main economic

activities will be given access to

sell their products within the

corridor by guidance from the

station masters.

Traders Partially loss of

access to the railway

for their business

They will be given access to sell

their products in each station

before, during and after

construction in a controlled

manner so that they conduct their

business in safely manner.

They will be given priority for

employment opportunities in the

corridor during construction by if

found eligible.

Nomads Nomads will have

nothing to lose as

they do not have

specific places where

they use to graze their

castles. Only access

to the railway land

will be restricted.

This will be with the

aim of protecting

them from accidents.

Village leaders will allocate

grazing areas to Nomads outside

the corridor where they can graze

their cattle.

There will be control to ensure

that they are outside the corridor

for their own safety.

26

Annex C: Photography and Size of Affected Farms.

PAPS VERIFICATION FORMS

Form No.1

1.0 Chainage (Km) 308.2

2.0 GPS Coordinates

3.0 Location Mzaganza

4.0 Section Munisagala – Mzaganza

5.0 Inspection Date 19-02-2018

6.0 Property Description

Maize farm portion extending to TIRP corridor

6.1 Size 41m × 2m

6.2 Usage Farming

6.3 Temporary/ Permanent Temporary

7.0 Sketch Photograph

8.0 Encroachers’ Names Y.B.

27

Form No.2

1.0 Chainage (Km) 308.2

2.0 GPS Coordinates

3.0 Location Mzaganza

4.0 Section Munisagala – Mzaganza




6.1 Size 68m × 2.4m

6.2 Usage Farming



8.0 Encroachers’ Names

J.M.

Form No.3

28

1.0

Chainage (Km) 324.88

2.0 GPS Coordinates

E246426.5 N9264066.2

3.0

Location Kidete

4.0 Section Kidete – Godegode




6.1 Size

47m × 1.4m

6.2 Usage Farming

6.3 Temporary/ Permanent

Temporary


8.0 Encroachers’ Names A.K (19m x 1.4m)

S.A (28m x 1.4m)

29

Form No.4

1.0

Chainage (Km) 423

2.0 GPS Coordinates

3.0

Location

4.0 Section Bahi – Kitinku



Rice farm portion extending to TIRP corridor

6.1 Size

44m × 1.4m

6.2 Usage Farming


Temporary



R. J

30

Form No.5

1.0

Chainage (Km) 437.1

2.0 GPS Coordinates

3.0

Location Gang 33

4.0 Section Kintinku – Makutupora




6.1 Size

1002m × 1.7m

6.2 Usage Farming


Temporary


8.0 Encroachers’ Names M.Y (360m X 1.7m)

K.N (642m x 1.7m)

31

Form No.6

1.0

Chainage (Km) 10.4

2.0 GPS Coordinates

E482295.5 N9454696.2

3.0

Location

4.0 Section Tabora – Kakola




6.1 Size

46m × 2.4m

6.2 Usage Farming


Temporary



S.B

32

Form No.7

1.0

Chainage (Km) 10.9

2.0 GPS Coordinates

E482313.8 N9455361.4

3.0

Location

4.0 Section Tabora – Kakola




6.1 Size

109m × 3.8m

6.2 Usage Farming


Temporary


8.0 Encroachers’ Names S. B

33

Form No.8

1.0

Chainage (Km) 35

2.0 GPS Coordinates

E485282.9 N9484640.9

3.0

Location

4.0 Section Kakola – Nzubuka




6.1 Size

170m × 2.1m

6.2 Usage Farming


Temporary



E.C

34

Form No.9

1.0

Chainage (Km) 41

2.0 GPS Coordinates

E485282.9 N9484640.9

3.0

Location

4.0 Section Nzubuka – Ipala




6.1 Size

140m × 2.2m

6.2 Usage Farming


Temporary



D.S

35

Form No.10

1.0

Chainage (Km) 41

2.0 GPS Coordinates

E485288.8 N9484621.3

3.0

Location

4.0 Section Nzubuka – Ipala




6.1 Size

1379m × 1.1m

6.2 Usage Farming


Temporary



D.S

36

Form No.11

1.0

Chainage (Km) 60.7

2.0 GPS Coordinates

E487101.1 N9502916.0

3.0

Location

4.0 Section Ipala – Bukene




6.1 Size

251m × 2.3m

6.2 Usage Farming


Temporary



M.J

37

Form No.11

1.0

Chainage (Km) 69.6

2.0 GPS Coordinates

E488153.8 N9512252.4

3.0

Location





6.1 Size

158m × 3.2m

6.2 Usage Farming


Temporary



O.M

38

Form No.12

1.0

Chainage (Km) 69.8

2.0 GPS Coordinates

E488160.4 N9512210.4

3.0

Location





6.1 Size

70.4m × 3.6m

6.2 Usage Farming


Temporary



A.S

39

Form No.13

1.0

Chainage (Km) 93

2.0 GPS Coordinates

E486813.9 N9534888.6

3.0

Location

4.0 Section Bukene – Mahene




6.1 Size

200m × 2.7m

6.2 Usage Farming



8.0 Encroachers’ Names M.H (105m x 2.7m)

Y.M (95m x 2.7m)

40

Form No.14

1.0

Chainage (Km) 105.65

2.0 GPS Coordinates E485544.9 N9548186.5

3.0

Location

4.0 Section Bukene – Mahene




6.1 Size

270m × 2.3m

6.2 Usage Farming


Temporary


8.0 Encroachers’ Names O.M (170m X 2.3m)

M.K (100m X 2.3m)

Annex D: Summary Table of the Gaps between WB Policies and Tanzania Laws

Types of affected

Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures

Lend

Tenant

s/Squatte rs

Tanzanian law does not recognize

tenants as being entitled to

compensation

PAPs are entitled to some form of

compensation whatever the

legal/illegal recognition of their

occupancy

WB OP 4.12 recognizes a wider

spectrum of PAPs. The

Tanzania spectrum is limited to

those who can prove proprietary

rights. It does not include

tenants

Under the project the WB

categorization of PAPs will be

used and tenants will be

recognized as PAPs.

Squatters may be paid

compensation on the whims of the

government.

In some cases however they are not

paid. This include those who

construct on road reserves

Squatters may fit under category (c)

above and are provided resettlement

assistance in lieu of compensation

for the land they occupy as well as

other relocation assistance.

WB OP 4.12 recognizes those

without recognizable legal right

or claim to land they occupy,

therefore could include

squatters among the PAPs who

are entitled to resettlement

assistance in lieu of the land

they occupy, as well as other

assistance.

This is different from the Tanzanian situation where such people are not entitled to any assistance

Under the project squatters

will be recognized under OP

4.12 and compensated for lost

assets.

Land Users Tanzania law on compulsory

acquisition and compensation is

limited to those who can prove de

jure or de facto land ownership.

Users are not covered

WB OP 4.12 includes displaced

persons who have no recognizable

legal right or claim to the land they

are occupying

Under the project OP 4.12 will

be applied to identify land

users.

Types of affected


Owners of non-permanent Owners of Buildings

Tanzanian law makes no differentiation between owners of permanent and non-permanent buildings. As long as ownership can be proved compensation is payable.

Determination of compensation is based on the market value of the property. In practice though, the depreciated replacement cost approach is used, meaning that PAPs do not get the full replacement cost of the lost assets.

Under the WB OP 4.12 permanent and non-permanent buildings need to be compensated. Where however, the displaced

persons have no recognizable legal

rights they are to be provided with

resettlement assistance in lieu of

compensation for the land they

occupy, as well as other assistance. Cash compensation levels should

be sufficient to replace the lost land and other assets at full replacement cost in local markets.

The gap between Tanzania and WB OP 4.12 is about eligibility, which is hinged upon formal or informal ownership.

While, in Tanzania, compensation is based on market value, determined using the depreciated replacement cost approach for developments on land, WB OP 4.12 requires that compensation should be sufficient to replace the lost land and other assets at full replacement cost.

Under the project the full replacement cost of structures as defined under OP 4.12 will be applied.

Timing of

compensation

payments

Tanzanian law requires that

compensation be full, fair and

prompt. Prompt means it should be

paid within six months, failure to

do which attracts an interest rate

equivalent to the average rate

offered by commercial banks on

fixed deposits.

Legally, compensation for the

acquired land does not have to be

paid before possession can be

taken, but in current practice it is

usually paid before existing

occupiers are displaced.

WB OP 4.12 displaced persons are

provided prompt and effective

compensation at full replacement

cost for losses of assets directly

attributable to the project before

construction starts.

In terms of timing, both

Tanzanian laws and WB OP

4.12 require that compensation

be paid promptly.

This however, rarely happens in

practice as can be testified from

may projects that have involved

large scale land acquisition.

The project will ensure that the

compensations are paid in

timely manner.

Types of affected


Calculation of compensation and valuation

According to the Land

Assessment of the value of Land

for Compensation) Regulations,

2001, as well as the Village Land

Regulations, 2001, compensation

for loss of any interest inland

shall include the value of

unexhausted improvements,

disturbance allowance, transport

allowance, accommodation

allowance, and loss of profits.

The basis for assessment any land

and unexhausted improvement for

purposes of compensation is the

market value of such land.

The market value is arrived at by

the use of comparative method

evidenced by actual recent sales

of similar properties; or by the use

of the income approach, or

replacement cost method, where

the property is of special nature

and not saleable.

In practice, with land an attempt is made to establish market value from

WB OP 4.12 requires that the

displaced persons be provided with

prompt and effective compensation

at full replacement cost for losses of

assets attributable direct to the

project.

Replacement cost is the method of

valuation of assets that helps

determine the amount sufficient to

replace lost assets and cover

transaction costs. Depreciation is not

to be taken into account when

applying this method.

For losses that cannot easily be valued or compensated in monetary terms (e.g. access to public services, customers and suppliers, or to fishing, grazing or forest areas) attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities.

Tanzania law provides for the

calculation of compensation on

the basis of the market value of

the lost land and unexhausted

improvements, plus a

disturbance, accommodation,

and accommodation allowance,

and loss of profits where

applicable.

Since depreciation is applied, the amount paid does not in most cases amount to that required to replace the lost assets. Besides, other types of assets (besides land) are not taken into consideration.

Under the project the full replacement cost of structures as defined under OP 4.12 will be applied. No deduction for depreciation or for salvage materials will be made.

Types of affected


recent sales, but these are usually not transparent. As for unexhausted improvements in terms of buildings and other civil infrastructure, the depreciated replacement cost approach is used

Relocation and

Resettlement

Tanzanian laws do not provide for relocation and resettlement. However, there are a few cases where the government has provided both compensation and alternative land, but this has been done at its discretion. In general however, the government feels that it has discharged its duty once compensation is paid, and it is up to the displaced persons to resettle and re-establish themselves elsewhere.

OP 4.12 stipulate that where project impacts include physical relocation, measures should be taken to ensure that the displaced persons are: (i) provided with assistance (such as moving allowance) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages and other factors is at least equivalent to the advantages lost.

Tanzanian law provides for transport allowance for 12 tons of luggage for up to 12 kilometres from the acquired land, provided the displaced person was living on that land. In lieu of housing accommodation allowance is made in the form of rent for 36 months.

Occasionally, in a discretionary manner alternative land is awarded.

Allowances under Tanzania laws will be provided

Completion of resettlement and compensation

The government can, under the law, take possession of the acquired land at the end of the notice to acquire period, before paying compensation.

Current practice however is such that possession is usually after the payment of compensation

WB OP 4.12 stipulates that it is necessary to ensure that displacement or restriction to access does not take place before necessary measures for resettlement are in place. In particular, taking of land and related assets may take place only after compensation has

The Land Acquisition Act,

1967, allows the government to

take possession of the acquired

land before paying

compensation.

Current practice endeavors to pay compensation before taking possession of the land.

All compensation will be paid before the commencement of the civil works

Types of affected Persons/Lost Assets


to vacate the land, which is usually as soon as possible

been paid, and where applicable, resettlement sites and moving allowance have been provided to the displaced persons.

Livelihood restoration and assistance

There are no legal provisions requiring the government to restore livelihood or to provide assistance towards the restoration of such livelihoods.

Indeed, compensation is not payable in the case of restrictions to access to areas of livelihood opportunities.

Moreover there are no provisions that require the

WB OP 4.12 provides that the resettlement plan or policy include measures to ensure that the displaced persons are (i) offered support after displacement for a transitional period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standard of living; and, (ii) provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training or job opportunities.

There are no transitional measures provided for under Tanzanian law and practice; nor are there provisions for compensation as a result of restrictions to access to livelihood. The Tanzanian law does not make provisions requiring the government to pay special attention to vulnerable groups in the administration of compensation

The project will ensure that livelihoods of PAPs will be restored to comply with Banks requirements.

Consultation and disclosure

There scanty provisions related to consultation and disclosure in Tanzanian law.

The notice, under the Land Acquisition Act, informs land owners about the President’s need to acquire their land, and

WB OP 4.12 requires that displaced persons are (i) informed about their options and rights pertaining to resettlement; and, (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives.

The provisions in WB OP 4.12 requiring consultation and disclosure have no equivalent in Tanzanian law and practice

The PAPs will be consulted and the relevant documents disclosed per the OP 4.12.

Types of affected Persons/Lost Assets


requiring that their land be valued, and giving their own opinion as to what their assets are worth.

Since resettlement is not provided for legally, there are no provisions about informing the displaced persons about their options and rights; nor are they offered choice among feasible resettlement alternatives.

Grievance mechanism and dispute resolution

Under s. 13 of the Land Acquisition Act, where there is a dispute or disagreement relating to any of .the following matters: (a) the amount of compensation; (b) the right to acquire the land; (c) the identity of persons entitled to compensation; (d) the application of section 12 to the land;

WB OP 4r.12 provides that displaced persons and their communities, and any host communities receiving them, are provided with timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning implementing and monitoring resettlement. Appropriate and accessible grievance mechanisms must be established for these groups

The law in Tanzania does not provide for the establishment of grievance resolution mechanisms specific to particular resettlement cases.

The project will have a Grievance Redress Mechanism throughout the life cycle of the project.

Types of affected

Persons/Lost Assets


(e) any right privilege or liability conferred or imposed by this Act;

(f) the apportionment of compensation between the persons entitled to the same and such dispute or disagreement is not settled by the parties concerned within six weeks from the date of the publication of notice that the land is required for a public purpose the Minister or any person holding or claiming any interest in the land may institute a suit in

(g) the High Court of Tanzania for the determination of the dispute.

In practice the government

tries to resolve grievances

through public meetings of

the affected persons.

Annex E: Sample of Grievance Redress Mechanism form.

Name (Filer of Complaint): ___________________________________

ID Number: __________________________________ (PAPs ID number)

Contact Information: ___________________________________ (Village; mobile phone)

Nature of Grievance or Complaint:

Date Individuals Contacted Summary of Discussion

Signature _______________________ Date: ____________

Signed (Filer of Complaint): _____________________________________

Name of Person Filing Complaint: ___________________________ (if different from Filer)

Position or Relationship to Filer: __________________________________

Review/Resolution

Date of Conciliation Session: _____________________________________

Was Filer Present? : Yes No

Was field verification of complaint conducted? Yes, No

Findings of field investigation:

Summary of Conciliation Session Discussion:

Issues

Was agreement reached on the issues? Yes, No If

agreement was reached, detail the agreement below:

If agreement was not reached, specify the points of disagreement below:

Signed (Conciliator): ___________________________ Signed (Filer):

Signed: __________________________

Independent Observer,

Date:

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